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General Terms and Conditions (AGB)

Effective Date: December 11, 2025

Last updated: 2/23/2026

1. Scope of Application

These General Terms and Conditions (hereinafter 'GTC') apply to all business relationships between Lopes2Tech / Paulo Lopes (hereinafter 'Contractor') and its customers (hereinafter 'Client'). They apply to all services provided, including but not limited to website development, software engineering, AI automations, and consulting.

2. Subject of the Contract

The Contractor provides services in the field of IT and automation. The specific scope of services is defined in the respective individual offer or service contract.

Web & Software

Development of websites, applications, and dashboards.

AI & Automation

Implementation of chatbots, voice agents, and workflow automations.

Maintenance

Ongoing support and hosting services.

3. Conclusion of Contract

Offers made by the Contractor are valid for 30 days unless otherwise stated. The contract is concluded upon:

  • The written acceptance of the offer by the Client (email is sufficient).
  • The payment of an initial deposit.
  • The commencement of actual service provision by the Contractor with the Client's knowledge.

4. Client Obligations

The Client agrees to:

  • Provide all necessary content (text, images, logos) in a timely manner.
  • Grant the necessary access rights (hosting, API keys, domain registrar) required for the project.
  • Review deliverables and provide feedback within 5 working days. If no feedback is received within this period, the deliverable is deemed accepted.

5. Pricing and Payment Terms

5.1 Project Services

Unless otherwise agreed in the individual offer, the following payment terms apply:

Small Projects

Up to CHF 2,500

100% of the project fee is due immediately upon conclusion of the contract.

Standard & Large Projects

Above CHF 2,500
  • 50% Deposit: Due immediately to reserve resources.
  • 50% Final Payment: Due upon completion/delivery.

Invoices are payable within 20 days net.

5.2 Recurring Services

Fees for ongoing maintenance or SaaS components (e.g., Chatbot hosting) are billed monthly or annually in advance. The cancellation period for recurring services is 30 days to the end of the month, unless a minimum contract term was agreed upon.

5.3 Project Cancellation

  • The Client may cancel the contract before work begins and receive a full deposit refund.
  • If work has already started, the Client is obligated to pay for all work completed to date, calculated at the hourly rate agreed upon or a pro-rated portion of the total fee.
  • The Contractor may terminate the contract if the Client fails to provide necessary materials or feedback for more than 30 days despite reminders.

6. Intellectual Property & Usage Rights

  • Upon full payment of the agreed fee, the Client receives the usage rights for the created software/website.
  • The Contractor retains the right to reuse generic code modules, libraries, and design patterns developed during the project for other clients (standard software engineering practice).
  • The Client guarantees that all materials provided to the Contractor (images, texts) do not violate third-party rights.

7. Specific Provisions for AI Services

The Client acknowledges that services involving Artificial Intelligence (AI) (e.g., Chatbots, RAG systems, Voice Agents) depend on third-party providers (e.g., OpenAI, Anthropic, Retell AI).

Accuracy:

The Contractor cannot guarantee that AI outputs are 100% accurate. The Client is responsible for verifying critical information generated by AI.

Availability:

The Contractor is not liable for service interruptions caused by third-party API failures (e.g., if ChatGPT is down).

Costs:

Unless strictly included in a flat fee, variable API usage costs (token usage) may be billed to the Client or paid directly by the Client to the provider.

8. Warranty and Liability

8.1 Warranty

The Contractor warrants that the software/website is functional and free of critical defects at the time of acceptance. The warranty period is 3 months from delivery.

The warranty does not cover defects caused by third-party updates (e.g., a WordPress plugin update breaking the site) or unauthorized changes by the Client.

After the warranty period expires, bug fixes and updates are provided under the active maintenance plan or billed hourly at CHF 120/hour.

8.2 Liability

To the extent permitted by Swiss law, the Contractor's liability is limited to intent and gross negligence. Liability for slight negligence, indirect damages, or consequential damages (e.g., loss of profit, data loss) is excluded.

The Contractor is not liable for data privacy violations caused by the Client's misuse of the provided tools (e.g., entering patient data into a non-secure field).

8.3 Force Majeure

Neither party shall be held liable for delays or failures in performance resulting from events beyond their reasonable control, including but not limited to natural disasters, pandemics, wars, strikes, governmental actions, or infrastructure failures.

9. Data Protection and Confidentiality

Both parties agree to treat all business secrets and confidential information obtained during the business relationship as strictly confidential. The Contractor processes personal data in accordance with the Swiss Federal Act on Data Protection (nDSG).

Project files, backups, and related data are retained for 12 months after project completion. Clients are responsible for downloading and archiving their project files before this period expires.

10. Final Provisions

Severability

Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.

Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is Zurich, Switzerland.

Applicable Law

Swiss law applies exclusively.

Contact for Legal Inquiries

For questions regarding these terms and conditions, please contact: Email: paulo@lopes2tech.ch | Phone: +41 78 798 95 33